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§ 362(d)(3)(A)

Phoenix Dev. & Land Inv. LLC v. SCBT

Apr
17
2012
Ruling
Bankruptcy court did not err by treating creditor's entire claim as secured in denying confirmation and granting relief from stay.
Procedural posture

Chapter 11 debtor challenged a decision of the U.S. Bankruptcy Court for the Middle District of Georgia, which denied confirmation of its chapter 11 plan of reorganization and granted appellee secured creditor's motion for relief from the automatic stay.

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Commercial opinion summary, case decided on April 17, 2012 , LexisNexis #0512-078
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In re RIM Dev. LLC

Aug
13
2010
Ruling
Relief from stay granted allow creditor to enforce security interest where debtor failed to propose plan with reasonable possibility of confirmation.
Procedural posture

A debtor in a single asset real estate case proposed successive plans for completion of the debtor's planned residential and commercial development with payments to secured creditors. A creditor secured by certain town homes in the development moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(3)(A) to allow the creditor to enforce its security interest.

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Commercial opinion summary, case decided on August 13, 2010 , LexisNexis #1010-011
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